Title 21 — Real Property

This Chapter shall be known The Subdivision Law. SOURCE: GC § 18000.

The purpose of this Chapter and of any rules, regulations, specifications and standards adopted, pursuant thereto, is to control and regulate the development and/or subdivision of any land for any purpose whatsoever. Such control and regulations is determined to be necessary to p…

Development and/or subdivision of all land and roads shall conform to that land use or road location delineated in the latest revision of the Territorial Master Plan, initially approved in April 1967. (a) Construction on land designated for future road or public purposes, contrar…

Property. (a) Article 5 of this Chapter shall not apply to land which is an asset of the estate of decedent, provided, however, that, before the distribution of any such land by the court, the Guam Planner or Commission may enter his or its appearance and require street and utili…

The following words and phrases, when used herein, shall have the meaning respectively hereto ascribed to them, except where a different meaning may be clearly indicated by the context: (a) Agricultural Subdivision shall mean a subdivision having no lots, parcels or sites smaller…

The Commission shall have jurisdiction and cognizance of all matters relating to subdividing and subsequent development of land within Guam. The Commission shall prescribe and adopt such rules and regulations, which shall include, but not be limited to, specifications and standar…

No subdivision map presented for filling as a record in the Department of Land Management shall be recorded without the prior approval of the Commission. The Commission shall not approve the record map of a subdivision unless such map conforms to all the requirements of this Chap…

In all subdivisions presented for recording under this Chapter the subdivider shall: (a) Not subdivide or develop land for any purpose contrary to the provisions of the Zoning law, Chapter 61 of this Title of the Guam Code Annotated. (b) Cause every lot to abut a roadway right-of…

(a) Any person or persons subdividing agriculturally-zoned land into six (6) or more lots, parcels or sites that are less than twenty thousand (20,000) square feet per lot with the intention of selling three (3) or more of the subdivided lots shall be required to make improvement…

Confines of Guam. No person subject to the licensing provisions of 21 GCA Chapter 100 (Real Estate Law) shall sell or lease nor offer to sell or lease any interest in a subdivision located without the territorial confines of Guam unless the subdivision plan has been submitted to …

Any subdivision application provided for by this Chapter shall not be accepted or approved by the Commissioner unless it shall be certified under penalty of perjury or verified before a notary public or other officer qualified to administer oaths. Such certification or verificati…

In any subdivision of government of Guam land, including land of autonomous agencies, in which there are more applicants for lots within the subdivision than there are lots, the Director of Land Management shall conduct a public lottery, under the direction of the Attorney Genera…

(a) The public shall have the right to pass unhindered over a Public Right of Way. For the purposes of this Chapter, a Public Right of Way includes (1) easements for roadways created by law or operation of law; (2) those subdivision easements, access, or rights of way created by …

A subdivider desiring to subdivide or develop land pursuant to this Chapter shall make a written application therefor on a form prescribed by the Commission. The application shall be filed with the Guam Planner and shall be accompanied by tentative subdivision plans prepared in a…

The subdivider shall at the time of filing tentative subdivision plans pay a uniform check fee of ten dollars ($10.00) plus one dollar ($1.00) for each final lot shown on the subdivision. Such fees shall not be returned in the event the application is not approved. SOURCE: GC § 1…

The Guam Planner shall within three (3) days after receipt of such application transmit copies of the tentative plans to departments and agencies of the government to which have been delegated responsibility for technical review. Such agencies and departments shall review the pla…

After review, the tentative subdivision plans shall be transmitted to the Commission at its next regularly scheduled meeting by the Guam Planner, together with all findings and recommendations. The Commission shall thereafter approve, conditionally approve, or disapprove the plan…

Within one year after approval of tentative subdivision plans, the subdivider shall file with the Guam Planner the final plans prepared in accordance with § 62402 of this Chapter. The final plans shall be accompanied by a written application for approval thereof in a form prescri…

The Guam Planner shall review final plan documents as submitted for conformity to the approved tentative plans. At the next regularly scheduled Commission meeting no less than two (2) days following receipt of final plans, the Guam Planner shall present the plans to the Commissio…

When a reversion to acreage is made, no tentative plans shall be required. The subdivider shall prepare a final map showing the existing subdivision and the original parcel or parcels which shall result from the reversion. No engineering plans shall be required. Upon approval of …

The Director of Public Works or his designated building official shall issue no building or construction permits for any development within the subdivision or lot parcelling until the tentative plans have been approved, nor issue individual building permits until the record map h…

The Commission shall not consider or approve final plans for a subdivision which are submitted after one year, or after any extension of time granted by the Commission during such year, following approval of tentative plans. SOURCE: GC § 18108. ---------- ARTICLE 3 LOT PARCELLING…

The requirements of Article 2 and Article 5 of this Chapter shall not apply to lot parcelling subdivisions and agricultural subdivisions. SOURCE: GC § 18200.

tural Subdivisions. A subdivider desiring to parcel lots or subdivide land for agricultural purposes shall make a written application therefor on a form prescribed by the Commission. The application shall be filed with the Guam Planner and shall be accompanied by the original and…

Within fifteen (15) days following receipt of an application to establish a lot parcelling or agricultural subdivision, the Guam Planner, shall approve, conditionally approve, or disapprove the application, or shall submit the application to the Commission for its action. The Gua…

Upon final approval of a lot parcelling or agricultural subdivision map by the Guam Planner or Commission, the subdivider shall record the map in conformity to §§ 60315-60319 of this Title, which map shall not be effective until recorded. SOURCE: GC § 18203. 2023 NOTE: Reference …

The lot parcelling map shall be prepared by a surveyor and shall show all survey and mathematical data necessary to locate and retrace all lines thereon, including bearings and distances of straight lines and radii, arc and tangent lengths for all curves. Any area reserved for ut…

Resubdivisions of regular or lot parcelling subdivision shall be initiated and acted upon subject to the procedures of this Article, provided, however, that resubdivisions involving six (6) or more lots or resubdivisions requiring subdivisions improvements shall be initiated and …

Tentative plans will include six (6) copies of a subdivision map, two (2) copies of a statement of intent by subdivider, and two (2) copies of subdivision improvement plans. (a) The subdivider shall cause the tentative subdivision map to be prepared by an engineer or surveyor. Th…

The final plan submitted for approval shall include a map of the subdivision and a final survey of improvements as installed. (a) The map of the subdivision shall be prepared by an engineer or surveyor in accordance with the following: (1) The final map shall be clearly and legib…

The subdivider shall provide the following improvements and improvement areas within time limits specified by the Commission: (a) Streets, Alleys and Sidewalks - Urban areas. Where general plans have been or are hereafter duly adopted and show an area as planned for development i…

Where general plans have been duly adopted and show an area as planned for development into urban uses, the following development criteria will apply for subdivisions within the area so delineated: (a) Road extensions. Where roads must be extended form existing roads in order to …

In areas where general plans have not been adopted but where water, electrical facilities and roads exist within or adjacent to a planned subdivision area, the criteria of § 62502 will be applicable. In unplanned areas where water service, electric service or public roads are not…

Upon approval of the tentative subdivision plan by the Commission, the subdivider shall complete within one (1) year all of the improvements required, except that the Commission, for good cause shown, may authorize an extension of time, not to exceed twelve (12) months, for such …

The Commission, on its own initiative, or upon the petition of any subdivider stating fully the grounds of the application and all the facts relied upon by the subdivider, may grant variances to the regulations of the Commission. Such petition shall be filed with the tentative pl…

The Commission shall have the authority to review any prior division of parcels of land, whether for the purpose of lot parcelling or the establishment of a subdivision, presented to the Department of Land Management for recording as a subdivision under the provisions of this Cha…

The standards and requirements of this Chapter may be modified by the Commission in the case of a plan and program for a new town, a complete community, or a neighborhood united, which in the judgment of the Commission provides adequate public spaces and improvements for the circ…

(a) Any order of the Commission shall become effective when notice thereof is delivered to the party or parties affected and, unless proceedings for judicial review are instituted as provided for in Subsection (b) of this Section, shall become final at the expiration of thirty (3…

(a) Any individual agent, partnership, firm, association, corporation or any other legal entity violating any of the provisions of this Chapter shall be guilty of a violation. Such individual agent, partnership, firm, association, corporation or other legal entity shall be deemed…

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Legislature hereby declares that i…

All Laws or parts of Laws which are inconsistent with the provisions of this Chapter are hereby repealed to the extent of such inconsistency. SOURCE: GC § 18602. ----------